Supreme Court judgments on Guardianship, custody and visitation

40 judgments, latest first, from 2018 to 2026. A judgment is listed here when its headnote names this subject: the Supreme Court Reports' own headnote (filed under the provisions below, or naming the subject), or an AI-written headnote that was reviewed and approved. A mention in the full text alone does not count.

Provisions

Guardians and Wards Act, 1890 7

Sheetal Vasant Thakur vs Chirag Arora

SC · 11 June 2026

The appellant-mother filed a civil appeal before the Supreme Court challenging two orders of the Bombay High Court passed in writ proceedings concerning custody of and access to a minor child. The first impugned order mo…

Mohtashem Billah Malik vs Sana Aftab

SC · 4 February 2026

[2026] 2 S.C.R. 352 : 2026 INSC 118

Matter pertains to the dispute regarding the custody of two minor sons born to the appellant-husband and the respondent-wife.

Komal Krishan Arora & Ors. vs Sandeep Kumar & Ors.

SC · 16 September 2025

[2025] 9 S.C.R. 1085 : 2025 INSC 1123

Issue arose whether the directions issued by the High Court that the interim custody of the minor son aged five years be handed over to the father from the custody of the maternal grandfather warrants interference.

Dasari Anil Kumar & Another vs The Child Welfare Project Director & Others

SC · 12 August 2025

[2025] 8 S.C.R. 777 : 2025 INSC 972

Whether the custody of the minor children in question ought to be handed over to the appellants-adoptive parents.

Neethu B. @ Neethu Baby Mathew vs Rajesh Kumar

SC · 15 July 2025

[2025] 7 S.C.R. 1053 : 2025 INSC 853

The petitioner-mother has preferred the instant review petitions primarily on the ground that the news of the imminent separation of the minor child (aged 11 years old at that time) from his mother, who has been his prim…

Eby Cherian vs Jerema John

SC · 15 May 2025

[2025] 6 S.C.R. 202 : 2025 INSC 709

Matter pertains to the correctness of the order passed by the High Court upholding the interim custody arrangement made by the family court.

Arathy Ramachandran vs Bijay Raj Menon

SC · 29 April 2025

[2025] 4 S.C.R. 2063 : 2025 INSC 587

Issue arose as regards sustainability of the order passed by the High Court granting 15 days interim custody of the minor children to the father.

Ramanuj Kumar vs Priyanka

SC · 22 April 2025

[2025] 4 S.C.R. 1502 : 2025 INSC 543

Whether on facts, the marriage between the parties has irretrievably broken down and ought to be dissolved on that ground in exercise of jurisdiction under Article 142 of the Constitution of India.

Kiran Raju Penumacha vs Tejuswini Chowdhury

SC · 17 March 2025

[2025] 3 S.C.R. 802 : 2025 INSC 358

Whether the petition for modification of the decree regarding the custody of the child filed by the respondent-mother and the execution petition filed by the appellant-father should be heard together or whether the execu…

Sugirtha vs Gowtham

SC · 20 December 2024

[2024] 12 S.C.R. 2089 : 2024 INSC 1036

Whether a child can be made to travel 300 kms to enable the father to exercise visitation rights to the child.

Somprabha Rana & Ors. vs The State of Madhya Pradesh & Ors.

SC · 6 September 2024

[2024] 9 S.C.R. 64 : 2024 INSC 664

High Court, if justified in disturbing the custody of the child, aged one year and five months at the time of passing the order, by handing over the custody of the child to her father and paternal side relatives from the…

Gautam Kumar Das vs NCT of Delhi and Others

SC · 20 August 2024

[2024] 8 S.C.R. 451 : 2024 INSC 610

Matter pertains to the grant of custody of the minor child to the father, the only natural guardian.

Col. Ramneesh Pal Singh vs Sugandhi Aggarwal

SC · 8 May 2024

[2024] 6 S.C.R. 259 : 2024 INSC 397

Matter pertains to the guardianship of two minor children till they attain the age of majority.

Shazia Aman Khan and Another vs The State of Orissa and Others

SC · 4 March 2024

[2024] 3 S.C.R. 10 : 2024 INSC 163

Custody of a minor child in parens patriae jurisdiction.

Elumalai @ Venkatesan & Anr. vs M. Kamala and Ors. & etc.

SC · 25 January 2023

[2023] 1 S.C.R. 261 : 2023 INSC 83

Release Deed – Effect of – Spes Successionis – Estoppel – Warding off, of estoppel by heirs of the person whose conduct created the estoppel – Impropriety of – Dispute regarding selfacquired property of ‘S’ – ‘S’ had mar…

Desh Raj & Ors. vs Rohtash Singh

SC · 14 December 2022

[2022] 18 S.C.R. 65 : 2022 INSC 1279

Contract Act, 1872: s. 55, 74 – Specific Relief Act - s. 22 – Specific performance of agreement - Effect of failure to perform at fixed time, in contract in which time is essential – Refund of earnest money – Appellants,…

Rohith Thammana Gowda vs State of Karnataka & Ors.

SC · 29 July 2022

[2022] 4 S.C.R. 784 : 2022 INSC 770

Child and Family welfare – Custody of minor child – Appellant (Husband) and respondent no.3 (Wife) shifted to US from India and presently are holders of Permanent US Resident Cards – Their child was born in USA in the ye…

M. V Chandrakanth vs Sangapppa & Ors.

SC · 29 July 2022

[2022] 17 S.C.R. 222 : 2022 INSC 769

M. V CHANDRAKANTH v. SANGAPPPA & ORS. (Civil Appeal No. 4963 of 2022) JULY 29, 2022 [INDIRA BANERJEE AND J. K. MAHESHWARI, JJ.] Karnataka Scheduled Castes, Schedule Tribes and Other Backward Classes (Reservation of Appoi…

Mrs. Akella Lalitha vs Sri Konda Hanumantha Rao & Anr.

SC · 28 July 2022

[2022] 6 S.C.R. 790 : 2022 INSC 759

Family Law – Surname of child – Dispute between Appellantmother and respondent-grandparents, (parents of deceased father of the child) with regard to surname given to the child – Whether Appellant-mother, who is the only…

Rajeswari Chandrasekar Ganesh vs The State of Tamil Nadu & Ors.

SC · 14 July 2022

[2022] 5 S.C.R. 232 : 2022 INSC 721

Constitution of India – Art.32 – Writ of Habeas Corpus – Object and scope of – Custody of minor children – Parties having two minor children have been residing in the USA – As per the petitioner-mother, the respondent no…

Swaminathan Kunchu Acharya vs State of Gujarat & Ors.

SC · 9 June 2022

[2022] 6 S.C.R. 727 : 2022 INSC 639

Custody – Of minor child – 5 year old child lost his parents in the Covid-19 pandemic – Appellant is paternal grandfather of the child, and he and his wife– paternal grandparents sought custody of the child – Writ petiti…

Smriti Madan Kansagra vs Perry Kansagra

SC · 7 October 2021

[2021] 10 S.C.R. 742 : 2021 INSC 632

Guardian and Wards Act, 1890 – Custody of minor child – Obtained by fraud – Contempt of Court – Guardianship petition filed by father (of Indian origin) settled in Kenya for custody of the minor child before Family Court…

Jose Antonio Zalba Diez Del Corral alias Jose Antonio Zalba vs The State of West Bengal & Ors.

SC · 28 July 2021

[2021] 6 S.C.R. 767 : 2021 INSC 367

Constitution of India – Art. 32 – Habeas Corpus Petition – For custody of minor children – Maintainability – Petitioner had married respondent no.6 and they have two minor children – Disputes between petitioner and respo…

Aman Lohia vs Kiran Lohia

SC · 17 March 2021

[2021] 2 S.C.R. 1131 : 2021 INSC 190

Guardians and Wards Act, 1890: s. 7 - Family Courts Act, 1984 - s. 7(g) – Power of the Court to make order as to guardianship in respect of a minor – Guardianship petition by the father-appellant seeking declaration as g…

Mrs Ritika Sharan vs Mr Sujoy Ghosh

SC · 28 October 2020

[2020] 10 S.C.R. 363 : 2020 INSC 615

Matrimonial Dispute – Custody of minor child – Appellantwife and respondent-husband living apart since 2016 – Divorce proceedings pending before Family Court, Bengaluru – Appellant posted in Singapore in September 2017 –…

Sri Nilanjan Bhattacharya vs The State of Karanataka and Others

SC · 23 September 2020

[2020] 14 S.C.R. 445 : 2020 INSC 562

Custody – Of minor child – Parens patriae jurisdiction – Appellant and second respondent got married in India in 2012 – Moved to the US in April 2015 – A son was born in December 2016 – Second respondent came to India wi…

Amyra Dwivedi (Minor) through Her Mother, Smt. Pooja Sharma Dwivedi vs Abhinav Dwivedi and Another

SC · 6 March 2020

[2020] 4 S.C.R. 687 : 2020 INSC 293

Family Law: Custody of child – Visitation and contact rights – In the instant case, appellant-mother had filed Habeas Corpus petition before High Court for custody of her child – High Court dismissed the petition, howeve…

Yashita Sahu vs State of Rajasthan & Ors.

SC · 20 January 2020

[2020] 1 S.C.R. 417 : 2020 INSC 58

Child and Family Welfare – Child Custody – Parents in two different continents – In 2016, couple got married in India – Appellant-wife accompanied the husband, working in USA – A daughter was born in 2017 – Relationship…

SC · 16 December 2019

[2019] 15 S.C.R. 144 : 2019 INSC 1376

Child Welfare: Custody of minor daughter – Respondentfather filed a Guardianship Petition before the Family Court seeking custody of minor daughter on the ground that the petitioner mother was suffering from Paranoid Sch…

Jasmeet Kaur vs State (NCT of Delhi) & Anr.

SC · 12 December 2019

[2019] 18 S.C.R. 1144 : 2019 INSC 1361

Guardians and Wards Act, 1890 – s.9 – Hindu Minority and Guardianship Act, 1956 – Custody of children – Respondenthusband, a U.S. Citizen married the petitioner-wife in U.S. – After the birth of their daughter, who acqui…

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